Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1887-06-09
rpr VIRGINIA FREE pRESS--THE 0tD FAMILY JOURNAL.

Faulkner to the United States SenatorshiP'
and quoting a letter of Thomas Jefferson on
the subject of States adding qualifications
to those prescribed by the u. ;. Cons'itu'
ton remarks that " Jelierson's letter may
find an audience among men who profess to
be democrats" 1t appears Mr.. Jeiierson's
of-hand opinion was that the States could
not add new qualifications. subsequently
he changed or modified his views, though
he doesn't seem to have quite had the con-
yietion of his Judgment or the judgment OF
his convictions, for he writes that his latter
reasoning appeared sound, but ." on so re-
cent a change of view caution requires us
not 70 be too confident" The editor OF the
Vest TJrqinie Democrat seemingly iaVorS
Mr.. Jeferson's latter view, but rather con-
tents himself with limiting that Mr.. Faux
ner is ineligible and with stating that there
are Arguments Dro and con. 1t is true argu-
mepts on either side are made-it always
has been so and always will bc-and we
have an exempitication of this in the tact
that Mr.. Jefferson differed with himself and
invited attention 10 it. But the arguments
adIuced against the eligibility ofMr. Faux
ncr are not so potent rs decisions that have
been made in like cases-decislons that
seated those whose eligibility to seats was
gravcly questioned In this connection we
REGARD il pertinent TO quote the speech oil
Hon. James NJ Jason, madein the United
State, Senate on the case of Hon. Lyman
Trumhull of Illinois i'm March 1896. Mr..
Tre,buIl was elected q IT, :. Senator du-
ring the term Tor which he was elected a
JUDGE. Having the qualifications prescribed
bv the Constitution of the United States inc
Senate seated him by vote Of % to S, the
pr5gisiou OF tic Constitution Of Illinois
To- the contrary Notwithstanding. ON that
occasion Senator James NJ. Mason, father
of the editor of the IEct Urg.,ia Democrat,
made the following remarks, and was sus-
tanned in these utterances by Hon. a. r
Butler. of South Carolina, who pridcd him
self ON hi, extreme States Rights views, and
by Hon. Il. NJ. T. Hunter, his colleague:
SPEECH oF SENATOR Mason.
Mr.. Mason. Mr. President, should
hot have said word ON this subject. hut
/ for the information which has been brought
I before us by Senators that there are many
/ of the States in this Union who have con-
/ ,iJcred themselves as retaining power u
place qualifications upon the office OF oena'
/ tor. was aware that it had been done ~
one or two States, but ] was not aware thai
I it was TO bee found in the Constitutions OF
SD many. For myself. entertaining very de-
ciied opinions ou the legal question lnvo.f
el.-and il is legal question only viii
/ ask leave 90 place them uu record hy stating
/ them In &C. very few words Ny FIRST impress
/ sion ON looking 40 this qucstion-and Lay
very first impression, / admit-waS, that d
might De-. although the whole subject Wa
certainly under The control OF the Const-
tuition of the United Statcs competent tOl
/ the Constitution. from the character OF the
government it framed, either 20 exclude thu
State authority from interfering with the
qualifications of Senators of the Onltec
/ States, or 90 participate i'm the power. The
] Constitution, might. while prescribing Ger
\ tain qualifications for a Senator have LETT n
/ to the states which were to b. represented
/ 10 they thought proper to prescribe others
| Doubtless il would bc competent for the
| Constitution 20 have done So II, in the wis
I dom of those who framed 1t, II was thought
eNpedient; but, as | read the Constitution
/ I am satisfied that the words of II 5fe words
\ of oNclusion-by words of exclusion /
mean words meaning that citizen who ha
/ ,he qualifications prescribed by the Consti
\ tuition shall be eligiblc-and therefore tax
\ iug away from any State the power TO pre-
/ scribe other qualifications or diSquallhca
\ ti0us. although | had thought, on first I'M
| preston, that they might be words OF re
/ s,rictiuu only.
cannot see, although ] have listened
with great interest and instruction to Oh,
arguments which have fallen from the OPP
po,itc side how we can overcome this OBJ
lection. The Constitution ha, said Oh,
I Legislature OF the state shall choose th,
senator I suppose the phrase, 'Lcglsla-
Cur. of l state d, to De taken I'm the popu
l .ar acceptance of The term-whcrevcr the
ordinary legislative power Is vested by the
State. there d, che Legislature of the state
The LEGISLATURE of state shall choose the
Senator and i'm prescribing the only quail
/ fc8ti0u- ior the Senator, | understand the
/ Constitution prc,cribes the only limitations
Ua DO, sphere of choics. II he Is thirty
year, of age, has been nine years citizen
and is au actual resident of the State, he Is
tH-itlc o. the Senate. II not eligible be
cause of any other restriction than the Con-
I su,utiou imposes. such restriction must be
au..uuistic To the will OF the Constitution
/ It i- a grant of power 90 the Legislature 10y
+ Oh. Constitution of the United States
\ What Is the grant! To choose Senator
under the three restrictions and none Others
/ That Is the grant. and if the State supplies
restrictions it thereby impSirs the grant.
/ DO not see how il Is possible % allow to the
state Legislatures although, perhaps,
might have been better satisfied if it had
/ been allowed to them power TO place any
other qualifications OF Disqualification than
7 these imposed by the Constitution, without
! changing aul impairing the grant of power
vested by the Constitution of the United
States in the Legislature. That considera-
| ttou will govern my vote.
/ A like question of the eligibility of a
Judge was decided by the 4SJh Democratic
+ Courres, ia favor of :. r. Peters Rcpub-
licau.
We reproduce this speech Of Mr. Mason
with am assurance 20 the son that it will